NARROTTAMKUMAR SAHU Vs. SHRI ARVIND SHRIVASTAV

JUDGEMENT

(1.) With the consent of the parties, the matter heard finally at the motion stage itself.

(2.) Facts, in brief, required for adjudication of the instant Contempt Case (C) are that the present petitioner along with two other petitioners had filed W.P.No.3926/2005. Honourable Division Bench vide its order dated 19-10-2011 directed that Rule 12 Sub-rule 2 part of clause c as in the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 is hereby struck down. Honourable the Division Bench directed the respondent No.1, i.e., High Court of Chhattisgarh, Bilaspur through Registrar General to prepare and publish a fresh gradation list of the Assistant Grade -III. In pursuance of said order, the High Court of Chhattisgarh have published alleged list of employees and officers of High Court of Chhattisgarh as shown in Annexure-C/6 though the entire copy of said Annexure does not contain any signature of any of the officers of the HIgh Court, no any declaration attached that this is an official gradation list published by the High Court, but during submission of argument on behalf of the respondents, it is submitted that so far as the placement of the petitioner in said gradation list for Assistant Grade-II on serial No.3 is concerned, they are not disputing the said fact that the petitioner finds place in the list of Assistant Grade-II in serial No.3. After publication of said alleged list, the petitioner had filed the instant Contempt Case (C) with a prayer to punish the respondents for non-compliance of the order in spirit passed by the High Court of Chhattisgarh in W.P. No.3926/2005.

(3.) Learned counsel for the petitioner submits that as the High Court of Chhattisgarh utterly failed to comply with the order in its spirit passed by the Division Bench of this Court in W.P. No.3926/2005, hence the present respondents may be punished for non-compliance of the order.